Spr11 READCASE - CJ 302 - Basic Concepts of Judicial...

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CJ 302 -- Basic Concepts of Judicial Process A basic understanding of the judicial process is helpful when analyzing appellate court opinions. Trial courts are courts that answer questions facts (e.g.: Is this witness believable?) and questions of law (e.g.: Is this evidence admissible to be considered by the fact finder?). Appellate courts are courts of review. As such they do not answer questions of fact and are confined to using the record of facts created in the lower trial court whenever answering a legal question. The legal determinations being reviewed are those of the court being reviewed (which is the court immediately below the appellate court currently hearing the case). In making its decision the court currently hearing the case will also consider the determinations and legal analysis of all other courts that have previously decided the issues in the case (precedent). Because the questions being answered are divided into questions of law and fact it is important to separate the facts
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This note was uploaded on 05/25/2011 for the course CRIMINAL J 302 taught by Professor Kristinemullendore during the Spring '11 term at Grand Valley State University.

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